9 Iowa 276 | Iowa | 1859
The first ground of demurrer evidently misconcioves the the language of the petition; for it is expressly averred therein in the very words of the statute, (sec. 789,) that she applied for relief to the trustees of the township in which she resided, and that they requested and demanded of defendant to maintain and support her, which >he neglected and refused.
The question now is, whether in order to make defendant liable, it was necessary for the trustees to proceed as required by section 769 et seq. to compel him to give the necessary relief. We clearly think not.
If he failed to do what is required of him, (being liable to do so under sec. 787), the trustees, after notifying and requesting him to give the relief could pursue either of the methods pointed out in the statute. The trustees by the process prescribed under sections 789 to 799, might have had an order made in the first instance, compelling him to give the relief in money or otherwise, from time to time as it was needed, or the county could give the relief, without resorting
Chapter 48 is divided into four parts or articles. The first provides for the support of poor persons by their kindred ; second, legal settlements; third, relief when there is a poor house. The first article, (of which sec. 806 is a part,) contains no provision requiring the county to expend a farthing for the relief of the poor. By this article the duty is left where the laws of nature, Christianity, and civilization leave it — with the kindred, if of sufficient ability. If they fail, then any money expended under the provisions of the chapter, (not article,) may be recovered back by the county.
Judgment reversed.